IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
June 16, 2009
WESTPORT INSURANCE CORPORATION, PLAINTIFF
BLACK, DAVIS & SHUE AGENCY, INC., DEFENDANT
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 16th day of June, 2009, upon consideration of defendant's motion (Doc. 65) for the reimbursement of attorney fees and costs, filed pursuant to the order of court (Doc. 56) granting partial summary judgment in defendant's favor,*fn1 and it appearing that defendant seeks reimbursement of the attorney fees and costs charged by (1) Melick, Porter & Shea ("MPS"), (2) Joseph A. Klein, Esquire ("Attorney Klein"), (3) Goldberg Katzman, P.C. ("Goldberg"), (4) Robert Knupp, Esquire ("Attorney Knupp"), and (5) Downs Rachlin Martin, PLLC ("DRM"), and it further appearing that plaintiff acknowledges its liability for the fees owed to MPS, (see Doc. 70 at 9), and that Attorney Klein has filed billing records for this litigation, but that the records are insufficiently detailed,*fn2 and it further appearing that the court has not ruled that plaintiff acted in bad faith in the above-captioned matter, and that defendant is therefore not entitled to fees incurred by virtue of litigating the instant lawsuit, see Kelmo Enters., Inc. v. Commercial Union Ins. Co., 426 A.2d 680, 685 (Pa. Super. Ct. 1981) (holding that an insurer is liable for attorney's fees only if it refuses to defend the insured in bad faith); Trs. of Univ. of Pa. v. Lexington Ins. Co., 815 F.2d 890, 910 (3d Cir. 1987) (same), and it further appearing that defendant has cited no legal authority to justify its request for fees associated with its bankruptcy litigation, and that the invoice filed by DRM (see Doc. 69, Ex. B at p. 42 of 42) does not appear to pertain to the Frontier litigation, it is hereby ORDERED that:
1. The motion (Doc. 65) for reimbursement of attorney fees and costs is GRANTED in part and DENIED in part as follows:
a. The motion is GRANTED with respect to defendant's request that plaintiff pay the uncontested fees charged by MPS. (See Doc. 70 at 9.)
b. The motion is DENIED without prejudice with respect to (1) fees charged by Attorney Klein; (2) fees charged by Attorney Knupp relating to defendant's bankruptcy action; and (3) fees charged by DRM.
c. The motion is DENIED with respect to the fees charged by Goldberg that resulted from litigating the above-captioned matter.